Section 123.10  General Purpose

 

The intent and purpose of this Part is to implement the War on Terrorism Compensation Act [330 ILCS 32] and make a bonus payment to those persons who served in the armed forces of the United States and received the Global War on Terrorism Expeditionary or Service Medal.

 

Section 123.20  Definitions

 

"Act" means the War on Terrorism Compensation Act [330 ILCS 32].

 

"Armed Forces of the United States" means the United States Army, Navy, Air Force, Marines, Coast Guard, the United States Reserve Forces, or the Illinois National Guard.  Service in the Merchant Marine or civilian service is not service in the armed forces for the purposes of this Part.

 

"Department" means the Illinois Department of Veterans' Affairs.

 

"Resident of this State" means a person who was domiciled in Illinois for at least 12 months immediately preceding the time he or she entered the Armed Forces of the United States, as shown by documentation such as Illinois driver's license or voter registration.

 

"Honorably Discharged" means either an Honorable Discharge or a Discharge Under Honorable Conditions.  No other form of discharge is acceptable.

 

"Legal Disability" means a finding of legal disability by a court of competent jurisdiction or by any adjudication officer of the United States Department of Veterans' Affairs.

 

"Period of Service" means from September 11, 2001 until such time as the Congress of the United States declares the person ineligible for the Global War on Terrorism Expeditionary or Service Medal.

 

Section 123.30  Eligibility

 

Every person who served on active duty with the Armed Forces of the United States on or after September 11, 2001 and prior to the date Congress ends eligibility for the Global War on Terrorism Expeditionary or Service Medal is entitled to receive $100 for that service, subject to legislative appropriation, if:

 

a)         he or she was a resident of this State; and

 

b)         he or she is still in active service and has not been separated by a discharge except Honorable or Under Honorable Conditions, has been honorably separated from service, has been furloughed to a reserve, or has been retired; and

 

c)         he or she has received the Global War on Terrorism Expeditionary or Service Medal.

 

Section 123.40  Disqualification

 

An applicant is disqualified for receipt of this award if:

 

a)         he or she was discharged under any circumstances other than honorable;

 

b)         he or she was transferred to the reserve or retired under any conditions other than honorable;

 

c)         service time was not within the period of service as defined;

 

d)         the Global War on Terrorism Expeditionary or Service Medal was not awarded;

 

e)         no qualifying service outside the United States of at least 30 consecutive or 60 nonconsecutive days occurred;

 

f)         he or she was not a resident of Illinois as defined by this Part;

 

g)         he or she has received a Global War on Terrorism Bonus from any other state or compensation of like nature as set forth in the Act; or

 

h)         the service member is deceased.

 

Section 123.50  Application

 

Application must include proof, by documents such as DD214, Armed Forces Certificate or other document showing service in the Armed Forces during the period of service that included at least 30 consecutive or 60 nonconsecutive days of service outside the United States or its territories, and the award of the Global War on Terrorism Expeditionary or Service Medal.  Application must also include proof, by documents such as an Illinois driver's license or voter registration, that applicant was a resident of Illinois as defined by this Part.

 

Section 123.60  Disability

 

If a person to whom compensation is payable under this Part is under a legal disability, the compensation shall be paid to the person legally vested with the care of the legally disabled person under the laws of his or her state of residence, or, if no person is so vested, then to the administrator of any hospital or institution under the supervision or control of a state or of the United States Department of Veterans' Affairs in which the legally disabled person is placed.  The bonus shall be held or used solely for the benefit of the disabled person.  Under no circumstances is this award transferrable to anyone other than the named recipient.

 

Section 123.70  Appeal

 

Any applicant whose application for the Global War on Terrorism bonus has been denied may appeal the denial to General Counsel, Illinois Department of Veterans' Affairs, 833 S. Spring Street, Springfield IL 62794.  The appeal must contain a copy of the application, a copy of the denial letter, and a clear statement of the reason why the appellant believes the denial was improper.